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1st Amendment and Free Speech/SLANDER, LIBEL IN THE WORK PLACE

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Expert: - 7/8/2001


Question
IF SOMEONE DOES NOT GET SELECTED FOR A PROMOTION AT WORK, AND THEN MAKES UNTRUE STATEMENTS ABOUT BOTH THE PERSON WHO DID GET THE JOB, AND THE PERSON DOING THE HIRING, IS IT CONSIDERED SLANDER? THE UNTRUE STATEMENTS INCLUDED STATING THAT THE PERSON GAVE THE JOB TO THE OTHER BECAUSE "THEY HAVE SOMETHING GOING ON" TO THE EXECUTIVE DIRECTOR OF THE FACILITY. THIS PERSON ALSO SAID THAT "EVERYONE THAT I HAVE TALKED TO SAYS THAT THIS IS TRUE"INDICATING THAT HE IS SPREADING THESE ACCUSATIONS.  

Answer
Hi Jean,

Slander is making a false statement of fact about a person which defames them in some way.  (Libel is the same as slander except in writing).  Telling people that someone is having an affair and used that affair to get a promotion would appear to be slander (assuming it is untrue).

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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